Terms and Conditions
THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS WRITTEN BELOW:
By accessing or using https://www.ecomparemo.com/ website (the “Site”), the Site’s services, or any application (including mobile applications) available on or within the Site, by any means accessed, you agree that you are not an insurance/bank agent, an insurance/bank broker, an insurance/bank salesperson, or any similar party using this site for your own or your company’s business purposes.
Each of the following terms as used in this Terms and Conditions has the meaning given to such terms as follows, unless the context in this Terms and Conditions expressly determines otherwise:
- “Service” means each and every service available within the Site including, but not limited to, every piece of information provided, application service, customer support, data support, mobile application, and others however provided by, within, or through the Site;
- “Service Agreement” means agreement entered into, by and between a Registered User and Us, which shall only bind the Registered User who is registering for an account name when using our Service and submitting a Profile;
- “Affiliate” means any person or legal entity that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under with the subject entity;
- “Business” means the business activity of the Company including, but not limited to, the Services, marketing of the Services, and management of the Company or any additional business of the Company especially in the field of financial portal sites and intermediaries;
- “Intellectual Property” means all intellectual property including, but not limited to, (i) all names and marks, including product names, brands and slogans, all registered and unregistered trademarks, trade names, service marks, registered designs and applications therefore, and all goodwill associated therewith; (ii) all ownership rights to any copyrightable work, including all related copyright registrations; (iii) all know-how or other trade secrets, whether or not reduced to practice; (iv) all licenses, options to license, and other contractual rights to use the Intellectual Property; (v) all source codes; and (vi) all computer and electronic data processing programs and software programs (including source codes and object codes) and related documentation;
- “Third Party” means any third party including, but not limited to, whether an individual or entity, contractual counter-parties, regulators, governmental and non-governmental authorities;
- “Parties” mean You and Us collectively, while “Party” means either You our Us individually;
- “User” means you, the viewer, user, each and every one accessing, using this Site and/or its Service, whether or not you act in your capacity or on behalf of your own account or Third Party;
- “Registered User” means a user with a registered account in our Site;
- “Profile” means data submitted by the User including, but not limited to, name, information, debtor information, identification cards, birth certificate, marriage certificate, security documents, deeds, domicile, tax identification number, trade license, company registry, and others as requested in our application summary; and
- “Content” means any data, text file, information, username, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorships, applications, links, ratings, comments, and other content or materials displayed in or by the Site.
- “Force Majeur” shall mean any event or circumstance beyond the reasonable control of the party whose obligation it affects that renders due performance of an obligation under this Terms, illegal or impracticable, including but not limited to, decree or restraint of any government, disruption on any networks due to extra-terrestrial disruption, caused by any event occurring in the outer space including, without limitation, sun outage, solar eclipse, astronomic event, or meteoric event, strikes, lockouts, wars, riots, civil commotions, fire, flood, labor disputes, sabotage, perils of the sea, embargo, explosion or terrorism.
3. AGREEMENT OF USE
4. ADDITIONAL TERMS
5. USE OF SERVICE
By continuing accessing our Service means You represent and warrant to Us that:
- You will not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities.
- You will not do illegal or unauthorized action through the Service. You agree to comply with all laws, rules, and regulations (for example, central, local, and autonomic) applicable to the use of the Service and Content, including but limited to, intellectual property laws, banking laws, and other prevailing laws in the Philippines.
- You will not change, modify, adapt, or alter any Service or change, modify, or alter another website so as to falsely imply that it is associated with Us.
- You will not access Our private API by means other than those We permitted.
- You will not create or submit unwanted comments, likes, or other forms of commercial or harassing communications (“Spam”) via the Service.
- You will not use Our domain names or web URLs in any username or in any other place without Our express consent.
- You will not interfere or disrupt the Service or servers or networks connected to the Service, through different means including, but not limited to, transmission of worms, viruses, spyware, malware, or any other code that is destructive or disruptive in nature. Furthermore, you may not inject content or code or otherwise alter or interfere in any way the Site or other page that is rendered or displayed in a User’s browser or device.
- You will not create accounts with the Service through unauthorized meads, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Violation of the aforesaid warranties may result in termination of your account or a block to your IP address in viewing our Site.
6. COMMENT SUBMISSIONS AND USAGE OF CONTENT
- You must be solely responsible for your interaction with other users of the Site whether online or offline. You hereby agree and acknowledge that We shall not be responsible or liable for the conduct of any user. We may, not the obligation, to monitor or become involved in disputes between you and other Users.
- There may be links from the Site, or from correspondences you receive from the Site, to a third-party website or feature. There may also be links to Third-Party websites or features in images or comments within the Site. The Site might contain third-party content that We do not control, maintain, or endorse. As part of Site’s functionality, we may also permit interactions between the Site and a Third-Party media, website, or feature, including the applications that connect the Site or Your Profile on the Site with a Third-Party media, website, or letters. For avoidance of doubt, Your Profile will only be used for the application as granted by your authorization through the Service Agreement. Nevertheless, the Site may include a feature that enables you to share your comments to the Site and Its content, which may be publicly posted in the form of a website, media, or application, including, but not limited to, Facebook, Twitter, and others. You shall be responsible on the comments made on the Site using Your account. If You are the one who used the Content on your own media, site, service, or other applications, by all means then You shall be personally liable for Your own conduct. We do not confirm the truth to any of these Contents, Third-Party web services or any of its content. You expressly acknowledge and agree that We are in no way responsible or liable for the Content, Third-Party services, or features. Your relationship and transaction with any party found or that arise through our Site are solely between You and that party.
- You hereby agree that You are responsible for all data charges you incur through use of the Site.
- You hereby accept and acknowledge that by downloading or copying the Site’s Content, it does not represent that You have obtained the ownership or the assignment of rights towards the download or copied Intellectual Property.
7. SITE AND CONTENT
- The Site contains content owned or licensed by Us (“Our Content”). Our content is protected by copyright, trademark, patent, trade secret, and other laws and, as between You and Us, we own and retain all rights in Our Content and the Site. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying Our Content. Furthermore, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, broadcast, sell, license, or otherwise exploit Our Content;
- Some Intellectual Property found in the Site may belong to our associate or another Third Party (that may have granted Us the right to use, publish, edit, and promulgate in any manner We deem fit). The use of Intellectual Property within the site shall not be deemed as a recommendation or sponsorship for the Site by that Third Party.
- Unless otherwise stipulated, the software to provide this Service along with the Site and the Intellectual Property within the Content belongs to us, our affiliates, associated company, license grantor, supplier, or Content provider. We shall not be liable towards all the Intellectual Property provided by a Third Party or the violation of the Intellectual Property owned by that Third Party.
- Our Site and Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, or due to failure of telecommunication links, and/or equipment and other matters beyond Our control, and We shall not be held liable for the disruption of enjoyment in Using the site or Content due to any modification, suspension or discontinuation of the Site, or the loss of any Content.
- We reserve the right and may remove any Content from the Site. Content removed from the Site may continue to be stored by Us at our own discretion, including, but not limited to, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. You are responsible to maintain your own backup of your own Content. The Content removed from the Site may not be published by Us anymore. You hereby acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be wholly secure.
- Despite the public nature of any content, We encourage you to be respective towards the use of the Content and not to abuse it. Furthermore, We will not be liable for any use or disclosure of the Content. The decision to submit or use any Content does not place Us in a position that is any different form the position held by reads in general, including with regards to your Content. Save and except for Your Profile none of your Content will be subject to any obligation of confidence on Our part, and We will not be liable for any use or disclosure of any Content you provide except in case of fault or negligence on Our part.
- In creating this Site, including the arrangement of the source code and the supporting software, We may use license from a Third Party and an open-source third party (GNU/GPL) and such modification shall belong to Us. All open-source materials as well as Intellectual Property from a Third Party have been obtained with necessary approval.
- Content within the site may be derived from a Third Party arrangement or a public source which reliability shall be confirmed personally by the User and We shall be in no way responsible of such amendment or modification of Content if it is not in conformity with the source Third Party.
We may provide a platform through blogs, messaging, chatrooms, bulletin boards, and other similar (“Forum”), allowing a Registered User to contribute or share information and comments (“Comment”). You hereby acknowledge and agree that we are not involved in the construction of any Comment, nor its transmission.
We do not approve or endorse such Comment and you hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy, or legality of any Comment, therefore please use them wisely.
9. TERMINATION AND EFFECT OF TERMINATION
We have the right to modify, suspend, or terminate Your access to the Site, amend, postpone, cease the Site and/or part of the Site, including the Service and other products provided using the site, and/or the use of the Site, or any part thereof at any time if We find out that are in violation of the Terms and Conditions of this Site.
We shall not be liable and We do not have any control against or the purpose of the usage of the Content and Profile (for the Profile provided to the Third Party).
10. ACCESS TO THE SITE
We reserve the right to refuse access to the Site to anyone for any reason at any time upon our just discretion.
11. INTELLECTUAL PROPERTY ON OUR CONTENT
You hereby agree and acknowledge to use the Content within this Site with full responsibility, observant, and compliant to the prevailing laws and regulations.
All Intellectual Property Rights related to the distribution, modification, amendment, editing, copywriting, promulgation, marketing, and publication rights in regards to the Content may have been assigned and granted to us, You, or any Third party shall not use all the Content in any other means without written approval from Us. Those who will violate this Article shall be sanctioned in accordance to the prevailing regulations.
12. NO WARRANTIES
You hereby acknowledge and agree that, to the extent that the prevailing regulations shall permit the following:
(a.) The service and content of this site is provided as is and as available. We expressly represent and declare that we provide no warranty or guarantee, whether express or implied, in relation whether or not the application will be successful, or the readiness of a product and service that we or the Third Party provide for a certain purpose or for a certain infringement;
(b.) We do not provide any warranties that (i.) the function and services provided by the site will be free from any bugs and errors including, but not limited to, the security of the website; (ii.) negligence will be reminded by Us; (iii.) this site or the server providing this site will be free from virus or malware component;
(c.) We do not guarantee the accuracy, originality, integrity, or quality of the Site, the Content, or any available source or link within the Sit including, but not limited to, the Content warranty, site or sources that could contain any disruptive, unethical, or debatable substance;
(d.) Each and every product downloaded or obtained from the use of this Service shall be your sole liability and risk. By agreeing to the Terms and Conditions of this website, shall be responsible for the damage to your computer system or loss of data that is caused by the download of such material.
13. LIMITATION OF LIABILITIES
We shall not be responsible for the damage caused by Us in using this Site whether directly or indirectly or indirectly, whether specifically or in addition to the use of this Site or the use of the link or content within the Site even if We have been informed regarding the possibility of loss or damage that might occur. The remedy that might be provided by Us is your termination to the use of this Site.
In which case, We will try our best to investigate it for you or if possible, point out, mediate, or facilitate prevention of any dispute if we know the information however not specifically and We are not obligated to do so; We reserve the right at our discretion not to help You in the event of any doubt or suspicion We have in You or in Your case. You hereby indemnify Us and held us free and harmless from all kinds of claims, Loss or Losses you might suffer in the event of this dismissal or rejection.
You acknowledge and agree that We are not a Service Provider providing a direct service to you, We are not a financial institution, insurance provider, or financial adviser. Our kind of Service provides you with information of a Third Party Service provider and thus facilitate your needs to be connected to the Service Provider of Your choice. We do not make any coverage or credit decision with any Service provider You choose. We do not provide any direct financial-related products such as mortgage, loans, insurance, and others.
You hereby acknowledge and agree to hold harmless and defend Our Company, employees, affiliates, staff, partners, Services, Site, subsidiaries (“Our Parties”) from and against every and all kinds of losses, liabilities, obligations, damages, costs, expenses, claims, demands, judgments, proceedings, fines, penalties, actions of any kind or nature whatsoever (the “Loss” or “Losses”) due to Third Party or the Content or anything in relation to Content.
15. SCOPE OF SERVICE WITHIN THE SITE
Through the Site, We provide an online comparison platform where You can see and choose which ever package You deem fit for You and submit your Profile application including posting your comments or viewing comments posted by another User.
You can submit or post your comments directly and view, where in providing such platform we give no guarantee of doing any verification that all the information given is accurate, true, correct, complete, and updated, and we bear no responsibility towards mistakes (including typographical errors and other errors), resistance (Whether temporarily or permanently, or wholly or partially), damage, repairs, development of the Site, inaccuracy, misleading or wrong information, or any undelivered Content or Profile.
16. LINK TO THIRD PARTY
File a notification with the following:
- Name and address of the Sender (in case of a proxy Sender, must include the data of the aggrieved party);
- An attachment of the colored copy of Your identity card (both proxy and the aggrieved party);
- Phone numbers, mobile numbers, facsimile numbers, or email addresses for contact purpose;
- Detailed description on the claims, grievance, and any initial information or evidence providing that there is a right being violated;
- URL, address, name, or a clear detail of the defaulting party and also the specific electronic copy being violated;
- Statement letter of the Sender requesting to delete or disable the access of such electronic copy being violated;
- Statement letter in indicates the Sender is in good faith to recognize the violation and peace settlement;
- Statement letter declaring the information provided is accurate, true, and not misleading;
- Statement that the sender is (a) owner or exclusive rights holder of the violated rights or aggrieved; or (b) the authorized proxy from the owner or the exclusive right holder or aggrieved party; The letters must be sent both electronically and physically to the following addresses:
- firstname.lastname@example.org for the electronic copies;
- Unit 501 Global Enterprise Building, 138 H.V. Dela Costa Street, Makati City Philippines 1227
We will review and handle such information accordingly at our discretion. Any failure to comply with any of the above requirements shall be considered as the Sender withdrawing the complaint. This notification is important even if the violation or grievance has been withdrawn so that We may consider such motion.
We suggest that You make a consultation with a legal representative before making such claim or sending a complaint, and You hereby acknowledge that You shall be liable towards all losses and damages and its legal consequences possibly incurred due to fraudulent or false information towards the rights. We have the sole discretion to deny any motion in case of any misrepresentation, fraud, or suspicions;
After receiving a reply from Us, We will then provide the time and place for mediation if the correspondence and explanation from Us or from the related party has not been concluded; failure to reply to our correspondences in the given time frame shall cause such claims to be forfeited or expired and you hereby agree that you shall not apply to the same case for the second time in any jurisdiction, court, or police.
Fee of the mediation, place, transportation, and accommodation of the mediator, and all the deeds following the conclusion of such mediation shall be borne by both applicants and the aggrieved and defaulting party;
By continuing to use or accessing this Site, You hereby agree to submit to mediation. If You and the other User agree to use outside means of settlement (personal negotiation or other mediator), We reserve the right to not participate therein. However, We are entitled to interfere with the mediation at any time and suggest that the case be brought to court or arbitration of Our choice for settlement provided that all cost of the Dispute shall be borne by the disputing party;
We have the right to all information on the ongoing Dispute.The mediator appointed will be authorized to provide such progress and developments of the issue concerning Us and the Site;
You hereby agree and acknowledge that all Disputes shall be of the confidant’s obligation until default is proven by our investigation and consideration and We reserve the right to announce or take an action towards the violation in place of the grievance and You may then take legal action as You deem fit.
17. FINANCIAL DECISIONS
Our Services may provide you with a venue through which you can view information regarding the Third-Party services such as financial institutions, credit card providers, loan institutions, and insurance providers (“Service Providers”). You shall make your own choices and decision in accordance to your own judgment regarding the Service Provider.
We do not validate or endorse the qualification of such Service Providers. You hereby acknowledge and agree that You will be dealing directly with the Service Provider and therefore the chosen Service Provider is responsible solely for any services that you engage them for. We are not liable for any Losses in connection with or arising from, or related to, your use of the chosen Service Provider.
We strongly encourage you to obtain advices from available Third-Party financial advisors, or others that are fully aware of your individual circumstances before making any decisions.
18. PROHIBITION TO USE
You hereby agree to not use this Site or the Content within for any unlawful act or any other activity without permission, You hereby agree to not use any hardware or software or any other technology that might impair or might try to harm the system of this Site. You hereby agree not to use this Site or the Content for any commercial purpose. You hereby agree to not make any effort or create or find or assign any automatic agent or other form of technology to collect, gather, or any other ways in interacting with this Site.
19. GOVERNING LAW
20. UNAUTHORIZED ACTIVITY
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:
(i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
(ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
(iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
(iv) use the Service for any commercial purpose or for the benefit of any third party in any manner not by these Terms;
(v) violate any applicable law or regulation; or
21. ENTIRE AGREEMENT
22. ERRITORIAL RESTRICTION
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country other than the Philippines. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that We provide. Unless expressly mentioned otherwise, software related to or made available by the Service may be subject to Philippine control.
23. FORCE MAJEURE
26. ABOUT THE SITE’S FAQ
Every Service is provided by Us, the eCompareMo.com team, in doing Our best to give You the best financial Service. If you have any further question please refer to FAQs within the Site.